(a) Petition
and attachments. An ancillary estate shall be opened when the
following are filed:

(1) A petition
requesting administration of the Vermont estate including:

(i) A request for
appointment of an administrator or executor for the Vermont estate with
the name of the proposed administrator or executor;

(ii) A description of
the real and personal property of the testator in Vermont;

(iii) The names and
addresses of all interested persons as defined in Rule 17; and

(iv) The entry
fee.

(2) An authenticated
copy of the will and the probate thereof, or such substitute for the copy
as is allowed by law.

The petition shall be
signed by the executor or administrator appointed in the state in which
the will is probated, or some other interested person.

(b)
Notice. The petitioner shall give notice to all interested
persons pursuant to Rule 4. The notice shall specify the obligation to
file a written reply to object to allowance of the will and a date for
hearing or allowance of the will if no hearing is required. A reply shall
be served within 14 days after service of the notice on the person making
the reply. The date for hearing or, if no reply is filed, for allowing the
will shall be at least 21 days after the completion of service on all
parties to be served.

(c)
Objection. Any objection to the allowance of the will is
waived unless a timely written answer is filed. The answer shall specify
the reason why the will should not be allowed or state other objection to
the action requested in the petition. The answer shall be served pursuant
to Rule 5 on all interested persons.

(d)
Allowance; hearing. If no answer is filed and the court finds
that the petition satisfies the requirements of subdivision (a), it shall
allow the will on the date specified in the notice and issue letters
testamentary or of administration. If an answer is filed, the court shall
hold a hearing on the date specified and issue an order based on the
hearing.

(e)
Application of rules. Except as provided in this rule, the
Rules of Probate Procedure shall apply to proceedings governed by this
rule. Notice to creditors in the state of principal administration under
Rule 64 need not be provided if the fiduciary submits an affidavit that
all debts in the state of principal administration have been paid in full.
However, Rule 5.1 shall apply only to the surviving spouse of a decedent
and to the devisees and legatees mentioned in the will.

(f) Foreign
wills not probated in domicile state. A petition to commence the
administration of an estate of a person who was domiciled in another state
or country on the date of death, where no will has been probated in or
otherwise become effective under the laws of the state or country of
domicile, shall not be governed by this rule. The petition shall be
governed by the Rules of Probate Procedure as if the person were domiciled
in this state on the date of death.